Safety Law News for April 25, 2022

— In Virginia, the United States Court of Appeals held that a student correctly asserted his First Amendment rights to challenge a suspension for comments made on campus.  The comments were made the day after the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.  The conversation was factual.  The SRO investigation concluded that “no threat (was) made and no criminal offense occurred.”  The appellate court reversed the lower court, applying the Tinker v. Des Moines case to hold that, “(f)or school officials to justify prohibition of particular expression of opinion under First Amendment, they must be able to show that their action was caused by something more than mere desire to avoid discomfort and unpleasantness that always accompany unpopular viewpoint.” Starbuck v. Williamsburg James City County School Board

— In Massachusetts, a group of parents, clergy and community leaders are seeking more effective safety polices in the schools after at least eight guns have been confiscated this school year.  One gun was discovered at an elementary school.  The community group wants, “metal detectors in schools and also cameras placed at the front entrances and common areas… (and) a police presence in schools, including plain-clothed officers.” Police officers were phased out of Boston schools in 2021.

— In Georgia, the Rockdale County Public Schools have purchased 16,500 clear backpacks, to be distributed to students under a new policy that requires students to carry clear backpacks.

— In Pennsylvania, officials in Erie County, including Erie police, the Mayor, District Attorney, School District Superintendent, and U.S. Attorney, are coming together to formulate an “anti-crime initiative as a way to curb (juvenile) violence.”  The number of juvenile victims of violent crime has doubled over the past year and the number of juvenile offenders charged with violent crimes has tripled.